The International Court of Justice (ICJ) did not consider that there is “urgency” or a “real and imminent risk” that requires the issuance of the precautionary measures requested by Mexico against Ecuador in response to the assault on its embassy in Quito, although it emphasized “the fundamental importance” of respecting the Vienna Convention.

The court refused to issue precautionary measures today because it considered that “the guarantees given” by Ecuador already “cover the concerns expressed by Mexico.”

The Court warned that “unilateral declarations can give rise to legal obligations, and the States concerned can assume the unilateral declarations and trust them, and have the right to demand that the obligation thus created be respected.”

During the hearings on the precautionary measures, at the beginning of the month, Quito made a move forth and announced that it has already given written “guarantees” to Mexico that it will fulfill its duty to respect and protect its personnel and diplomatic headquarters, as requested by the Mexican Government to the ICJ, thus avoiding being the subject of orders from the UN judges today.

Ecuador’s guarantees include “commitments to provide full protection and security to the facilities, properties and archives of Mexico’s diplomatic mission in Quito, as well as allowing the eviction of that mission and the private residences of Mexican diplomatic agents,” the president of the ICJ, Nawaf Salam, said today.

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Based on this, the highest UN court decided that “the circumstances as presented to the Court are not such as to require the exercise of its power” to indicate precautionary measures against the Ecuadorian Government after assaulting the Mexican Embassy in Quito and arresting Jorge Glas, former vice president of Rafael Correa (2007-2017), on April 5.

“Currently there is no urgency, in the sense that there is no real and imminent risk of irreparable damage to the rights claimed,” added Salam, who read the ruling.

However, he stressed “the fundamental importance of the consecrated principle” in the Vienna Convention on Diplomatic Relations, and reminded Ecuador that “its good faith in compliance” of the guarantees given to Mexico is presumed.

“These guarantees are especially important during the period necessary for Mexico to evict the facilities of its Embassy in Quito, as well as the private residences of its diplomatic agents. The Court considers that the guarantees given by the Agent of Ecuador on behalf of his Government, which were given publicly before the Court and formulated unconditionally, are binding and create legal obligations for the defendant,” he added.

Before concluding the session in which he announced the decision, Salam noted that “there is no more fundamental requirement for the conduct of relations between States than the inviolability of diplomatic missions and embassies” and recalled that, throughout history, “nations of all creeds and cultures have observed reciprocal obligations with that purpose, in particular the institution of diplomacy with its associated privileges and immunities.”

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Last April, Mexico accused Ecuador before the ICJ of violating its obligations under the Bogotá Pact, the Vienna Convention on Diplomatic Relations, the letter of the Organization of American States, and the Charter of the United Nations.

The precautionary measures are issued, if necessary, in a provisional phase, before entering to assess the merits of the case, so this decision is not a judgment on the admissibility of the case, or on the existence or not of the violations alleged by Mexico against Ecuador, issues that will be discussed later, even without a date.

The Government of Ecuador welcomed this Thursday the unanimous decision of the International Court of Justice (ICJ) of The Hague to reject the precautionary measures requested by Mexico for the invasion of the Mexican embassy in Quito on April 5 by the Ecuadorian Police to arrest Jorge Glas, former vice president of Rafael Correa (2007-2017), who had been granted asylum hours earlier.

In a statement, the Ministry of Foreign Affairs and Human Mobility of Ecuador said that this ruling of the international court “confirms the unnecessary nature of the request” made by the Government of Mexican President Andrés Manuel López Obrador.

The precautionary measures requested by Mexico sought the UN judges to order Ecuador to respect and protect its staff and diplomatic headquarters, which the Ecuadorian Government had already guaranteed in writing during the hearings on the precautionary measures held at the beginning of the month.

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